Sixth Circuit Tag

Here are last week's published decisions involving local governments. Second Circuit Evergreen Assocaition, Inc. v. City of New York, No. 11-2735 (Jan. 17, 2014) (affirming in part and reversing in part preliminary injunction barring enforcement of City law requiring disclosures by pregnancy service centers in First-Amendment challenge). Sixth Circuit DeLeon v. Kalamazoo County Road Commission, No. 12-2377 (Jan. 14, 2014) (reversing grant of summary judgment for County Road Commission in employment-discrimination case) (January 13, 2014, through January 17, 2014) Credit: Image courtesy of Flickr by Tracy Collins (creative common...

Here are published decisions involving local governments from the federal appellate courts from December 16, 2013, through December 20, 2013: Sixth Circuit Seventh Circuit Eighth Circuit

Here are published decisions involving local governments from the federal appellate courts from December 9, 2013, through December 13, 2013: Sixth Circuit Henschel v. Clare County Road Commission, No. 13-1528 (Dec. 13, 2013) (in ADA claim brought by individual not permitted to return to work after accident, reversing grant of summary judgment to road commission because genuine issues of material fact remained about whether individual was qualified). Seventh Circuit Jones v. City of Elkhart, No. 12-3912 (Dec. 12, 2013) (affirming grant of summary judgment for City...

Here are published decisions involving local governments from the federal appellate courts from October 28, 2013 through November 1, 2013: 6th Circuit Hidden Village, LLC v. City of Lakewood,  No. 12-3543 (Oct. 30, 2013) (finding that claim brought by apartment-complex owner that City and officials waged racially motivated harassment campaign against its tenants may proceed to trial). Burgess v. Fischer, No. 12-4191 (Nov. 1, 2013) (holding that summary judgment for County and officers was only proper for certain of plaintiffs' excessive force, failure to intervene, deliberate...

Here's how local governments fared in the federal courts of appeals during the past week. Fifth Circuit United States v. City of New Orleans, No. 13-30161 (Sept. 27, 2013) (upholding denial of City's motion to vacate consent decree regarding police practices). Sixth Circuit Bessie Jones v. City of Cincinnati, No. 11-4174 (Sept. 27, 2013) (reversing district court's denial of qualified immunity to police officers regarding excessive-force and failure-to-provide-medical-care claims). Tenth Circuit Olson v. City of Golden, No. 11-1454 (Sept. 25, 2013) (dismissing as moot a challenge to City's campaign-finance regulations...

[caption id="attachment_39" align="alignright" width="300"]Build a record to justify your regulations, but resist claims that the evidence has to be beyond dispute. Build a record to justify your regulations, but resist claims that the evidence has to be beyond dispute.[/caption] Crime. Disease. Decreased property values. Adult-oriented businesses are disrupting your community. But you have a plan. You have fashioned a licensing scheme that prohibits nudity and the sale of alcohol at these establishments. You know that courts have allowed zoning regulations that address the “secondary effects” of these businesses. You also know that regulating these businesses can violate the First Amendment. But how closely will a court examine whether your regulations effectively eliminate these adverse effects?